Appealing Tribunal Decision - Re-trial/Upper Tribunal?

onedriveplayer

Hi there

glad to see there's a helpful community about all of the stress of this.

I was denied on first application and awarded nothing. After a mandatory reconsideration I was awarded lowest rate mobility. I decided to request tribunal because I felt like the decision was wrong.

The tribunal went ok, though I was never given the chance to talk outside of the questions they gave me.

The tribunal sided with the DWP and decided to only award me the lowest rate for mobility.

I requested Statement of Reason.

Statement focused a lot on two things- Because I had travelled to an important health appointment by myself and because I have a part-time job working from home they consider I'm capable of doing most activities "reliably and repeatedly"

However, I HAD to go to the appointment and my job I do laying flat in bed and 1 day a week. I don't see how they can use that as evidence that I can prepare and make food, bath and clothe, read and write etc "more than half the time". Their statement did not include anything about me losing my previous full-time job and being made medically retired, my GP letter saying I can't do those things or any of my evidence. They mentioned the medical appointment I went to (2 hour journey) about 10 times in the statement, using it to show I'm capable of almost anything. My argument is, and always has been, I can push through with one-off things like this but I struggle during and suffer post-exertion malaise for days after. It's not something I can do often let alone "more than half the days". And I went to it out of necessity, not for leisure

I believe the evidence has been unfairly weighted, and they've not even mentioned my own evidence i.e. GP letter. I believe this is case for re-trial or appeal to Upper Tribunal. There are many incorrect assumptions and statements in their statement of reason. It's like there's no understanding of dysautonomia and CFS/ME. 

I want to fight this with every ounce of energy left. My parents are helping me write everything because they see what I'm going through, but I'm scared. I do not know a lot about the law, but it does seem unlawful to ignore evidence and make incorrect assumptions if the evidence they're using is, for example, a one off medical trip.

Can anyone help ? sorry for long post

Jimm_Scope

Hi @onedriveplayer, firstly I'd like to apologise how long it's taken for this to be answered. 

I understand how scary it can be, I imagine it feels like you're running out of options. Especially when this is something you don't understand very well, the law, I won't pretend I understand it well either. I am no lawyer.

Scope does have a section in it's advice pages about Tribunals and Upper Tribunals. It starts here Appealing a DWP decision | Disability charity Scope UK. Maybe you can read through it and see what possibly happened at your Tribunal? It also links to other organisations who have advisors that are trained to help with these situations. I'd recommend reaching out to one of them, hopefully they can help you prepare and make sure you have submitted all the evidence needed. 

I'd also like to know how you're doing right now if that's okay. This is a really stressful situation to go through, I'm glad your parents are supporting you at least. Every little bit helps